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Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 23: In page 33, line 19, to delete "purposes." and substitute the following: "purposes, and (r) in section 33, by substituting the following for subsection (2): "(2) The fees charged under this Act shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the expenses incurred in the administration of this Act.".

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 24: In page 38, line 7, to delete "and". These amendments, the first of which, amendment No. 24, is a technical drafting amendment consequential on amendment No. 25, were signalled on Committee Stage. The purpose of the substantive amendment, amendment No. 25, is to implement an extension to the recommendations of the working group on insurance-related issues in the...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I understand it is a problem that has not arisen to date but that might affect an Irish insurer in the future, or the capacity of an Irish-based insurer to compete in the market of another member state.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 25: In page 38, line 12, to delete "1994)." and substitute the following: "1994), and (c) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of "health insurance contract" (inserted by section 2 of the Health Insurance (Amendment) Act 2001) in the Health Insurance Act 1994 if, but...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 26: In page 41, line 32, to delete "(iv)" and substitute "(v)". Amendments Nos. 26 and 27 are technical in nature and are required to correct the text of the Bill in the first instance and to clarify the text in the second.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 27: In page 42, to delete lines 7 to 16 and substitute the following: 60.—Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended— (a) by inserting "the Residential Tenancies Act 2004," after "property)," and (b) by deleting "the Rent Restrictions Acts, 1960 and 1967,".".

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 28: In page 42, between lines 16 and 17, to insert the following: 61.—Section 29 of the Civil Legal Aid Act 1995 is amended by substituting the following for subsection (2): "(2) The Board may— (a) in accordance with regulations under section 37, provide legal aid or advice to an applicant without reference to his or her financial resources, (b) waive any...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I will assist the House as much as I can. I have not had the opportunity of examining the representation referred to by the Deputies. It is worth examining the current provision, which is that the board may provide legal aid or advice to an applicant without reference to his or her financial resources and may waive any contribution payable pursuant to this section. The regulations of 1996...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: The Deputy gave me the representation and I will have it examined and responded to.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 29: In page 42, between lines 16 and 17, to insert the following: 62.—Section 30 of the Civil Legal Aid Act 1995 is amended— (a) by inserting the following after subsection (6): "(6A) Where the Board has granted a person a legal aid certificate for proceedings in any court or before any tribunal prescribed by the Minister under section 27(2), then, notwithstanding any...

Written Answers — Drugs in Prisons: Drugs in Prisons (27 Feb 2008)

Brian Lenihan Jnr: The Irish Prison Service is currently rolling out its Drugs Policy and Strategy, entitled Keeping Drugs out of Prison. This drugs strategy was launched in May 2006 and significant progress has been made to date in its implementation. Mechanisms for the monitoring and evaluation of the Policy and Strategy are being developed as it is rolled out.

Written Answers — Residency Permits: Residency Permits (27 Feb 2008)

Brian Lenihan Jnr: I am informed by the Immigration Division of my Department that an application from the person concerned for residence in the State based on EU Treaty Rights was received on 4th February 2008. Subsequent correspondence dated the 13th February from the applicant was also received relating to his application. The status of the applicant cannot be determined until his application is fully...

Written Answers — Asylum Applications: Asylum Applications (27 Feb 2008)

Brian Lenihan Jnr: The person referred to applied for asylum on 19 June 2006. He was provided with accommodation in Dublin to facilitate the processing of his asylum application by the Office of the Refugee Applications Commission (ORAC) and subsequently by the Refugee Appeals Tribunal (RAT). The person has since initiated a judicial review of the process and, as a result, there is no immediate prospect of his...

Written Answers — Asylum Support Services: Asylum Support Services (27 Feb 2008)

Brian Lenihan Jnr: The Direct Provision system seeks to ensure that the accommodation and ancillary services provided by the State meet the requirements of asylum seekers in the period during which their applications for asylum are being processed. This system provides asylum seekers with full board accommodation free of utility or other costs. In addition to meeting these basic living costs, a Direct Provision...

Written Answers — Garda Reserve: Garda Reserve (27 Feb 2008)

Brian Lenihan Jnr: The number of Garda Reserve members employed in the Galway West Division as at 31st January 2008 was 14. Up to the 31st January 2008, a total of 217 people had been fully attested as Garda Reserve members. In addition, a further 74 people were in training. Recruitment is continuing and regular promotional efforts to attract potential Reserve members are being undertaken.

Written Answers — Crime Levels: Crime Levels (27 Feb 2008)

Brian Lenihan Jnr: I am informed by the Garda authorities that incidents of theft of livestock trailers in the South Galway area are the subject of ongoing Garda investigations. One person has been arrested, and an investigation file is being prepared for submission to the Director of Public Prosecutions. Local Garda management has directed frequent mobile patrols by uniformed and plain clothes personnel,...

Written Answers — Residency Permits: Residency Permits (27 Feb 2008)

Brian Lenihan Jnr: The person in question submitted an application to my Department for renewal of permission to remain in the State based on their parentage of their Irish born child under the terms of the IBC/05 scheme. Processing of the application has been completed and the renewal documentation will issue shortly.

Written Answers — Public Order Offences: Public Order Offences (27 Feb 2008)

Brian Lenihan Jnr: I am informed by the Garda authorities that the location referred to is in the Clontarf Garda sub-District and is patrolled by foot and mobile patrols from that Garda station. I am further informed that local Garda management is aware of a number of incidents of public disorder in the area concerned. Additional Garda patrols, including patrols by the District Detective and Drug Units, the...

Written Answers — Residency Permits: Residency Permits (27 Feb 2008)

Brian Lenihan Jnr: The position in relation to granting long-term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The...

Written Answers — Residency Permits: Residency Permits (27 Feb 2008)

Brian Lenihan Jnr: Long-term residency is an administrative scheme that was introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be...

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